JAGMOHAN BHARGO Vs. AJIT SINGH

JUDGEMENT

(1.) Defendant No.4 is in second appeal aggrieved of judgment and decree passed by the Lower Appellate Court decreeing the suit filed by plaintiff reversing the findings recorded by the Trial Court.

(2.) Plaintiff filed suit seeking decree of possession by way of specific performance of agreement to sell dtd. 12/10/2000 with an alternate prayer for grant of recovery of Rs.6.00 lakhs along with consequential relief of permanent injunction restraining the defendants from alienating the suit property. For convenience, parties hereinafter are referred to by their original position in the suit, i.e. the appellant as defendant No.4, respondent No.l as plaintiff and respondents No.2 to 4 as defendants No.l to 3, respectively.

(3.) As per the plaintiff, defendant No.1 agreed to sell 8 kanals of land as described in the headnote of the plaint in his favour vide written agreement dtd. 12/10/2000 for a valuable consideration of Rs.3,25,000.00. Rs.3,00,000.00 was paid as earnest money on the date of agreement. Parties agreed to get the sale deed executed on or before 10/10/2003. Plaintiff claims that in order to safeguard his interest qua suit land, he filed civil suit against defendant No.1 seeking decree of permanent injunction restraining him from alienating the suit property on 27/6/2003. Defendant No.1 appeared and placed on record sale deed dtd. 4/7/2003 executed by him in favour of defendant No.2. The same is illegal, null and void and has no effect on the rights of plaintiff. He claims that from 10/10/2003 till 12/10/2003, the office of the Sub-Registrar was closed on account of holidays. Plaintiff appeared before the office of the Sub Registrar, Kapurthala on 13/10/2003 along with balance sale consideration and expenses. Defendant No.1 failed to turn up for execution of sale deed. Defendants No.2 and 3 had further sold the property in favour of defendant No.4. The same is illegal and has no effect on the rights of plaintiff. Plaintiff claims that he always remained ready and willing to perform his part. The present suit was instituted on 18/12/2003.